FACTS: The client was in licensed premises in the Sydney metropolitan area, at 1.15am on the night in question. The Police entered the premises with a drug detection dog, where the defendant was with another male. The client was seen extending his left hand to drop something. This was later identified as two ecstasy pills in a small plastic bag. The client was cautioned and subsequently arrested in relation to possession of a prohibited drug. The total weights of the drugs were 1.1 gram.

RESULT The client pleaded guilty to the charge. Submissions were made about his extraordinary subjective features and accordingly no conviction was recorded, instead he was sentenced to a twelve month good behaviour bond pursuant to s.10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.

The maximum penalty for this offence being 2 years imprisonment, or 20 penalty units or both.